2021 -- H 5259

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LC000716

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO TOWNS AND CITIES

     Introduced By: Representative John G. Edwards

     Date Introduced: January 29, 2021

     Referred To: House Municipal Government & Housing

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 45 of the General Laws entitled "TOWNS AND CITIES" is hereby

amended by adding thereto the following chapter:

CHAPTER 36.1

MUNICIPAL PUBLIC TRUST DEDICATION

     45-36.1-1. Legislative purpose.

     The purpose of this chapter is to provide a voluntary mechanism for cities and towns to use

to dedicate a park, conservation or other land that it owns as public trust land in perpetuity in order

to assure public access to the land for outdoor recreation and to assure that the land is not converted

to another use and remains predominantly undeveloped and provides open space benefits. People

rely on their parks and other public open spaces as stable, reliable places of comfort, rest, and

renewal in their lives. People make decisions on where to reside and work based on proximity to

these places. They expect that these places will always be there for them. This expectation is

supported by the Rhode Island Constitution, Article 1, Section 17, which states the people:

     "shall be secure in their rights to the use and enjoyment of the natural resources of the state

with due regard for the preservation of their values; and it shall be the duty of the general assembly

to provide for the conservation of the air, land, water, plant, animal, mineral and other natural

resources of the state, and to adopt all means necessary and proper by law to protect the natural

environment of the people of the state by providing adequate resource planning for the control and

regulation of the use of the natural resources of the state and for the preservation, regeneration and

restoration of the natural environment of the state."

     45-36.1-2. Power to declare municipal land as public trust land.

     Pursuant to the proper delegation of powers vested in the general assembly by the Rhode

Island Constitution, Article I, Section 17, cities and towns may formally dedicate any property they

hold as a public trust land, to be perpetually protected from conversion to another use and from

development that is inconsistent with the primary recreation, open space and natural resource

purposes as a natural resource land of the state and as a natural environment for the people of the

state and to reduce risks of confusion or misunderstanding regarding acceptable and non-acceptable

uses of land held by a municipality for outdoor recreation, open space benefits and natural resource

conservation.

     45-36.1-3. Process for municipal declaration of municipal land as public trust land.

     Cities and towns may formally dedicate any property they hold as a public trust land, to be

perpetually protected from conversion to another use and development that is inconsistent with its

primary purpose as a recreation, open space and/or natural resource land of the state and as a

natural-environment for the people of the state through a duly approved resolution of a city or town

council or through any other legally sufficient municipal process. Said resolution or other municipal

approval shall be recorded in the municipal land evidence records.

     45-36.1-4. Restrictions applicable to municipal public trust land.

     Once a city or town dedicates property it holds as a public trust land, such land shall be

perpetually protected from conversion to another use and development that is inconsistent with its

primary purpose as a recreation, open space and natural resource land of the state and as a natural

environment for the people of the state. Acceptable uses of the land so dedicated shall only be those

that perpetuate outdoor recreation, open space benefits and natural resource conservation on the

land.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO TOWNS AND CITIES

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     This act would create a voluntary mechanism for municipalities to use to dedicate a park,

conservation or other land they own as public trust land in perpetuity to protect and preserve its

future use.

     This act would take effect upon passage.

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